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Mislead about a sofa which then broke.

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  • Mislead about a sofa which then broke.

    Essentially, discussed with a furniture shop via email what options they had for a sofa capable of handling one or two heavy (220Kg) people.
    Was told the best they had was not suitable for both, but would support 240Kg. My understanding was this would be suitable for one, and on that basis purchased the £4500 sofa.
    9 months later it broke, and when contacted the shop told me actually it has a 20 stone/127Kg per-seat limit therefore had overloaded it.
    They offered a "goodwill" gesture of a one-time repair of the broken components, leaving me with a sofa noone here can use safely and there's no way I would have purchased had I known about the per-seat limit.
    The shop say they do not accept they missold the sofa and said go to the furniture ombudsman. The ombudsman ruled that I was "on notice" that it may not be suitable and I should just take the goodwill repair.
    The sofa was only ever sat on by one of us; my heavy brother never sat on it at the same time as I. I was not told about the lower seat limit, and having discussed and discounted the La-Z-Boy sofa due to the low seat weight limit I think it's clear I'd have discounted this one too had they told me.
    A couple solicitor types I've approached have said it's not cost effective and left it at that.
    One of them LLMs agreed with my view, another didn't until I pointed out the earlier conversation about the other sofa at which point it changed it's tune, so can't rely on them.
    My understanding is that my options are reduced to sue in small claims track though I read somewhere they'll take notice of the ombudsman finding.
    Or accept their "gesture" so I can at least dispose of a working sofa; might get £500 for it and accept the £4000 loss.
    I already pointed out the bits of the Consumer Rights Act 2015 where it talks about information presented prior to purchase forming part of the contract, how their offer of a repair would not make the sofa conform to the contract but none of that was accepted.

    Am I missing something?
    Was I just completely idiotic to have been mislead by the sales conversation?
    Helpful thoughts and suggestions please would be welcomed thankyou.

    Timeline:
    7/Feb/2025 - discussed with store via email suitability
    20/Feb/2025 - Visited the store, sat on the sofa
    21/Feb/2025 - ordered
    6/May/2025 - Delivered
    6/Mar/2026 - Broke, contacted regarding repair
    23/Mar/2026 - Store advise not a warranty issue as overloaded due to undisclosed weight limit
    30/Mar/2026 - Store manager stuck to that and told me to go to furniture ombudsman.
    31/Mar/2026 - Ombudsman advise they can look into it.
    5/May/2026 - Ombudsman finds against me.

    The sales emails where weight limits were initially discussed:
    ---
    On 07/02/2025 15:25, <Sales> wrote:
    Hi Iain
    I have looked into the ranges that we have on the shop floor in terms of weight limit
    unfortunately we don't have a 3-seater range to allow for the required limit for both
    individuals.
    Himolla 3 seaters would be able to support up to the weight of 240KG.
    This would be any 3-seater recliner or static we have a selection on the shop floor to
    try.
    These are German made high quality materials are used and are tested at a higher
    rating than standard chairs.
    This would be the best option that we have at this present moment in time.
    Please if you needed more information let me know
    Best Regards
    <Sales>
    From: Iain<>
    Sent: 07 February 2025 14:57
    To: <Sales>
    Subject: Re: La-Z-Boy Winchester - <...>
    Good afternoon <Sales>,
    Many thanks, however I'm afraid I'd need something twice as strong. Are there any
    other ranges you have please that would be or could be specified to be
    strenghtened to support one or two large individuals weighing in the environs of
    220kg each?
    Many thanks for any thoughts or suggestions?
    On 07/02/2025 14:38, <sales> wrote:
    Good Afternoon, Iain
    Thank you for your enquiry in regards to the La - Z - Boy Winchester 3-
    seater I have spoken directly to La - Z- Boy uk and the seat weight limit
    would be 19 stone (120kg) as a recliner or static 3-seater.
    This would be what they recommend, as a safe weight for personal use
    within the home.
    In terms of delivery service we charge £49 for delivery, sofa is set up and
    we will remove all packaging.
    Disposal we will charge £45 and the sofa would be removed at the same
    time as delivery.
    I have added a copy of the La - Z - Boy warranty attached above.
    If there is anything else that you require, please let me know.
    ---

    The rejection:
    ---
    From: <AfterSales>
    Sent: 26 March 2026 14:14
    To: Iain
    Subject: <>
    Good afternoon again <>,
    I’ve received further information from Himolla regarding your sofa and tried to reach you by phone, but I wanted to follow up here as well.
    Himolla has advised that while a repair is possible, it falls outside the manufacturer’s warranty as they believe the damage relates to the sofa’s maximum
    weight capacity. However, as a gesture of goodwill, we would like to cover the cost of the parts and carry out the repair for you free of charge on this
    occasion.
    We do want to ensure the sofa lasts for you, so please be aware that the manufacturer's weight limit for this model is 20 stone. Because this is a one-time
    courtesy repair, we wouldn't be able to provide further assistance if the same issue happens again under these circumstances.
    Please let me know whether there's anything else you'd like us to consider before I go ahead and order the parts from Himolla. Thank you.
    Kind Regards
    ---

    The Ombudsman finding:
    ---
    Thank you for your application to the Furniture and Home Improvement Ombudsman.
    I understand your claim to be that you specifically asked the business for a sofa suitable
    for individuals weighing around 220kg each, that you relied on the information provided
    to you when purchasing the Himolla 3-seater, and that the product has since failed. You
    say that you were effectively misled into purchasing a sofa that was not capable of
    meeting your stated requirements, that it is therefore not fit for purpose, and that a repair
    would not resolve the underlying issue. You have therefore sought to reject the sofa and
    receive a full refund.
    The business’s position is that you were not mis-sold the product. They say that you were
    clearly advised prior to purchase that they did not have a 3-seater sofa that would meet
    the weight requirements for both individuals, and that the Himolla model was presented
    only as the best available option rather than a guaranteed suitable solution. They also rely
    on the information that the sofa is designed to support a total combined weight of 240kg
    and say that the failure has occurred because this limit has been exceeded. On that
    basis, they say the issue is not covered under warranty, but they have nevertheless offered
    a one-time repair as a gesture of goodwill.
    Having considered all of the evidence, I am not persuaded that the complaint can be
    upheld. The contemporaneous sales communication shows that you were expressly told
    that the business did not have a 3-seater sofa capable of meeting the weight
    requirements for both individuals. While a 240kg figure was provided in relation to the
    Himolla range, in my view this was clearly positioned within the context of that limitation
    and alongside an explanation that the product was the best option available rather than
    one that met your stated needs. I am therefore satisfied that you were placed on notice,
    prior to purchase, that the sofa may not be suitable for your intended use.
    In these circumstances, I cannot conclude that the goods do not met description or that
    the business agreed to supply a product that would meet the specific purpose you had in
    mind. Due to the age of the goods, being over 6 months since delivery at the point of
    complaint, the burden rests on you to demonstrate that the goods were inherently
    faulty.The available evidence, including the inspection findings and the manufacturer’s
    position, indicates that the damage is consistent with stress to the mechanism and motor
    components, and I have not seen sufficient evidence to establish that this arose from an
    inherent fault.
    I have also considered the appropriate remedy. While I have not found sufficient
    evidence to conclude that the sofa is inherently faulty, I have considered what the
    position would be if a fault were present. As the issue arose more than 30 days after
    delivery, the law provides that a repair or replacement is the primary remedy in the first
    instance. The business has offered to carry out a full repair at no cost to you. In the context
    of the findings above, I consider this to be a reasonable and proportionate resolution.
    While I appreciate your concerns that a repair would not change the underlying
    limitations of the product, those limitations were made clear to you at the point of sale.
    Taking all of this into account, I am satisfied that the business acted reasonably in offering
    a repair, and I endorse this offer as my award.
    If you wish to accept the retailer’s offer, please contact the retailer directly to notify them
    of your acceptance, within the next 20 working days.
    Please note that as the award is processed by the retailer directly, the Ombudsman will
    only be able to follow this up after the retailer has had a reasonable opportunity to action
    this. Please allow 28 days from the date of your acceptance for the retailer to process
    your settlement.
    If you have not received your settlement within 28 days of communicating your
    acceptance to the retailer, please do not hesitate to contact our aftercare team at
    aftercare@fhio.org, who will be able to chase this up for you.
    As a free and impartial service referral of a case to the Furniture and Home Improvement
    Ombudsman does not dissolve you of your statutory rights to pursue a claim via alternative
    means if you so wish. However, if an award has been made in your favour, acceptance is
    in full and final settlement. For more information on this, we would recommend contacting
    the Citizens Advice Bureau on 0808 223 1133 or on their website
    https://www.citizensadvice.org.uk/ab...sumer-service/.
    Once a decision has been communicated, I am unable to reconsider it unless new or
    additional evidence is provided that may alter the decision. Please note that, as the case
    has now been closed, any further correspondence may not receive a response.
    Yours sincerely,
    ---

    Many thanks for reading this far.
    Tags: None

  • #2
    Hi IAINT

    Welcome to LB

    How did you pay for it?

    Send the retailer a Subject Access Request.

    Comment


    • #3
      Good evening,

      Originally posted by echat11 View Post
      Hi IAINT

      Welcome to LB

      How did you pay for it?

      Send the retailer a Subject Access Request.
      Paid for by Visa credit card.
      Is there some particular information I should be asking for?
      Many thanks,

      Comment


      • #4
        Originally posted by IainT View Post
        Good evening,



        Paid for by Visa credit card.
        Is there some particular information I should be asking for?
        Many thanks,
        Make a Section 75 claim against your credit card provider and the retailer.
        You are going to need evidence, so provide as much as possible, but
        in an understandable format with dates, who said what. You've had
        communications with the retailer so see what they send, so a general
        request.

        https://www.citizensadvice.org.uk/co...edit-provider/

        Comment


        • #5
          This poster has also been to MSE.

          The feeling there is that the OP was not misled and that he misunderstood what the salesman meant when he told the OP that the SWL for the three-seat sofa was 240kg.

          That's 240kg across the whole of the sofa (ie a 240kg total for all three seats) and not 240kg per single seat.

          Comment


          • #6
            Originally posted by Manxman View Post
            This poster has also been to MSE.

            The feeling there is that the OP was not misled and that he misunderstood what the salesman meant when he told the OP that the SWL for the three-seat sofa was 240kg.

            That's 240kg across the whole of the sofa (ie a 240kg total for all three seats) and not 240kg per single seat.
            Yeah, have clearly been stupid to have allowed myself to be misled once, but don't plan to fail to learn from that and just look to take the least bad way out.
            If it clarifies; I asked for something that can do x or y. Sales said they've nothing for y, but here's something that looks like it can do x if we read the 240Kg in the context of the previous email about per-seat limits and Sales didn't say anything to the contrary.
            But like stepping out on a zebra crossing infront of a bus, might think one is right, but can easily still lose.
            Many thanks though; the outside perspective is helpful.

            Comment


            • #7
              Originally posted by IainT View Post

              Yeah, have clearly been stupid to have allowed myself to be misled once, but don't plan to fail to learn from that and just look to take the least bad way out.
              If it clarifies; I asked for something that can do x or y. Sales said they've nothing for y, but here's something that looks like it can do x if we read the 240Kg in the context of the previous email about per-seat limits and Sales didn't say anything to the contrary.
              But like stepping out on a zebra crossing infront of a bus, might think one is right, but can easily still lose.
              Many thanks though; the outside perspective is helpful.
              If you genuinely feel you were misled and paid by credit card, try a s75 claim against your card provider.

              If you didn't pay by credit card you can always sue the sofa shop via money claim on-line

              But there's no guarntee you'll win

              Comment


              • #8
                Originally posted by Manxman View Post

                If you genuinely feel you were misled and paid by credit card, try a s75 claim against your card provider.

                If you didn't pay by credit card you can always sue the sofa shop via money claim on-line

                But there's no guarntee you'll win
                Card provider came back on Sunday agreeing with the ombudsman and the store. Given the consensus over at MSE where most agree with the retailer as well it seems a further waste to involve the courts as it seems certain that'll just be another loss of not only court fees, and while they've agreed to a "goodwill gesture" repair at least leaves me with the ability to sell the thing for a few hundred quid, which seems the best option.
                While I may believe they lied to me, deceptively withheld material facts, and were reckless as to whether the in-store sofa or one they sold me may have injured me, I'm not inclined to dig an even deeper hole for myself.

                Comment

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